Terms & Conditions
Please read and review the following terms and conditions based on the services you use.
CHARGED.fm acts as an intermediary between buyers and ticket sellers (defined below) to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and TICKET SELLERS. All sales are final. As tickets sold through SITE are often obtained through the secondary market and prices are determined by the individual ticket seller, the prices for tickets may be above or below face value. The following are the rules or "TERMS" that govern use of the CHARGED.fm Web Site ("SITE") by you, the USER of the SITE ("USER"). By using or visiting the SITE, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the SITE. CHARGED.fm reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS CHARGED.fm may terminate USER's access to the SITE, bar USER from future use of the SITE, cancel USER's ticket order, and/or take appropriate legal action against USER.
All sales are final
Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, User will need to contact the CHARGED for a refund. We may require the User to return the supplied tickets at User's expense before receiving any refund User is entitled to due to cancellation. A refund is not due if an event who's date and time was TBD and the User cannot make that date or time once the event details have been released. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER's bank, if any, are not covered by CHARGED.fm or Fulfiller. Neither CHARGED.fm nor the FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When User receives tickets, User should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Orders placed through SITE will be fulfilled by one of our network of participating TICKET SELLERS. The TICKET SELLER who fulfills USER's order will hereinafter be known as "FULFILLER". The FULFILLERS contact information will not be provided unless necessary, as in the case of a will call meet up, but the USER may contact CHARGED.fm to retrieve information about the order.
Pricing Of Tickets
Tickets sold through SITE are often obtained through secondary market TICKET SELLERS and are being resold, in many cases, above the price or "face value" listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and its TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Charges To Your Credit Card
USER's credit card will be charged by CHARGED. If USER have any questions about charges on USER credit card statement, feel free to contact us at [email protected] CHARGED may charge or authorize USERS credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, the USER will receive a full refund for the charged amount. All prices are in USD. The USER is responsible for any local taxes or exchange rate associated with their order.
Protection Against Fraud
In order to protect our USERs from fraud, a USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of public documents such as a state driver's license or federal passport.
All orders are shipped to USER via FedEx. All shipments are to the shipping address provided by the buyer. If the buyer is no longer located at the shipping address provided, CHARGED.fm is not responsible for a package that was successfully delivered to the address provided by the buyer and a request for refund due to this reason will be denied. The customer may however contact us at www.charged.fm/help to try to correct a shipping address, however FedEx does not make any guarantees that this can be done, therefore neither can we. Note that shipments may require direct signature at the point of delivery.
Event tickets are generally delivered according to the delivery method selected at the time of ticket checkout. Most orders are shipped the same business day in which they are received or, if placed after business hours, orders may be shipped on the next business day. However, tickets may not always be available for immediate delivery, particularly in cases when the tickets have been purchased far in advance of the event in question or for certain events including but not limited to the following: all off-season orders for professional sporting leagues, concerts, and Las Vegas events tickets. While most tickets are delivered within three business days of the delivery method chosen, this does not imply a guaranteed delivery date. USER will be provided with account access information that will allow them to view the status of their order and tracking information, if available, after purchase. In the case where tracking information is not available, USER may contact us at www.charged.fm/help for shipment information or an estimated delivery date if one is available. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately.
Customers outside of the United States must choose an International Delivery option. If a domestic shipping option is chosen for an order to be shipped outside the United States, we may contact the USER to cover any additional shipping charges.
If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the FULFILLER will, at their discretion, either contact USER about the additional fee prior to shipping or cancel USER's order and notify USER of such cancellation.
Prices stated on the SITE do not include any state or other local taxes that may apply to USER's order. We may need to contact User to collect any additional sales tax that may be mandated by their locality.
SITE does not guarantee the accuracy of event information on SITE including but not limited to event name, event location or venue, event start time, or event date. If the details of an event are TBD and the date and/or time cannot be made by the User, the User is not entitled to a refund.
SITE cannot guarantee ticket availability until the USER is in possession of their tickets. Generally, all ticket listings on SITE are a unique set of tickets from an individual TICKET SELLER. Some ticket listings on SITE may only be representations of available tickets and not actual seat locations or currently available tickets. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, the TICKET SELLER will fill the order with the alternative seat locations. If no alternates are available, either the USER'S credit card will not be charged at all or the entire amount will be refunded, and USER will be notified that the ticket request has been rejected.
Ticket Holder Behavior Policy
The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event for failure to abide by the venue's rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. Further, should the ejection result in the loss of the TICKET SELLER's right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, USER shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
USER agrees that USER is only authorized to visit, view and to retain a copy of pages of this SITE for USER's own personal use, and that USER shall not duplicate, download, publish, modify or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER's personal use, unless otherwise specifically authorized by SITE to do so. The content and software on this SITE is the property of SITE and/or its suppliers and is protected by U.S. and international copyright laws.
Violation of the Terms
SITE, in its sole discretion, and without prior notice, may terminate USER's access to the SITE, cancel USER's ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER is terminated as a USER of this SITE.
USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of USER's use of the SITE, including also USER's use of the SITE to provide a link to another site or to upload content or other information to the SITE.
Site makes no assurances that the site will be error-free, uninterrupted, or provide specific results from use of the site or any site content, search or link therein. The site and site content are delivered on an "as-is" and "as-available" basis. Site makes no assurances that files user accesses or downloads from the site will be free of viruses or contamination or destructive features. Site disclaims all warranties, express or implied including also any implied warranties of merchantability and fitness for a particular purpose. Site will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, vicarious, incidental, special, punitive, loss of business or loss of profits or consequential damages, whether based upon breach of contract, breach of warranty, tort, negligence, product liability or otherwise, even if advised of the possibility of such damage.
Site disclaims any and all liability for the acts, omissions and conduct of any third party users, site users, advertisers and/or sponsors on the site, in connection with the site service or otherwise related to user's use of the site and/or the site service. Site is not responsible for the products, services, actions or failure to act of any ticket broker, venue, performer, promoter or other third party in connection with or referenced on the site.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will SITE be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE has been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is a refund of the amount paid by the USER when placing an order through SITE.
USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of New York without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of New York, Kings County.
Intellectual Property Information
For purposes of these Terms, CONTENT is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledge and agree that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SITE and/or its Affiliates. USER is only permitted to use the CONTENT as expressly authorized by us or the specific CONTENT provider. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific CONTENT provider, and USER are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that USER's use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or its Affiliates.
SITE reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used this SITE as an instrument of unlawful infringement, we will terminate the infringing USERS' rights to use and/or access to this SITE. We may, also in our sole discretion, decide to terminate a USER's rights to use or access to the SITE prior to that time if we believe that the alleged infringement has occurred.
Please see http://www.charged.fm/privacy for our complete policy.
We take precautions to protect USER information. When USER submits sensitive information via the website, USER information is protected both online and offline. Whenever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. USER can verify this by looking for a closed lock icon at the bottom of USER web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect USER information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment.
USER will select a username and password as part of the registration process. All USER account pages are protected with Secure Socket Layer (SSL) encryption. USER is fully responsible for maintaining the confidentiality of their username and password. USER agrees to immediately notify SITE at www.charged.fm/help should USER know, or have reasonable grounds to suspect, that the username or password have been compromised. SITE shall not be responsible for USER's failure to abide by this paragraph. SITE may, in its sole discretion, terminate the USER's account for any reason. Under no circumstances shall SITE be liable to any USER or third party for termination of a USER's account.
Third Party Advertisers
SITE may allow third party advertisers to advertise on the SITE. SITE undertakes no responsibility for USER's dealings with, including any on-line or other purchases from, any third party advertisers. SITE shall not be responsible for any loss or damage incurred by USER in its dealings with third party advertisers.
Your User Agreement
Greetings and welcome to CHARGED.fm! The following Terms of Service (referred to as "TOS") describes the terms on which CHARGED.fm offers you access to the CHARGED.fm (our "Site") and the CHARGED.fm Secondary Market Ticket Services (referred to as "Services"). These terms are intended to confirm your satisfaction and knowledge of transaction procedures.
CHARGED.fm also reserves the right to modify the terms or conditions of this TOS at any time at its sole discretion, therefore it is your responsibility to periodically refer to this document to check for any changes and additions that may have been made. By continuing the use of the Service after a modification has been posted, you are affirming your agreement with the Terms of Service and if you do not agree, you must discontinue the use of the Service.
By using any part of the Service, you are affirming your agreement to any and all terms. Conditions contained in this document your are affirming that you are an individual of 18 years of age or over and are not in any legally-binding contracts that would prevent you from being able to buy or sell tickets on CHARGED.fm.
1. Introduction to CHARGED.fm
- CHARGED.fm is a social ticketing marketplace that allows and facilitates event goers to buy and sell tickets at prices they agree upon. We aim at making your selling and shopping experience as quick and efficient as possible.
- It is free to create and list a ticket on CHARGED.fm. The only fees collected by CHARGED.fm occur when a ticket is bought or sold. These service fees may also include shipping, delivery or fulfillment fees, if applicable, (collectively referred to as the "Fees"). You will receive a full breakdown of any and all fees prior to your purchase or creation of an event.
1.1 The Service
2. Requirements and Information
- By purchasing, listing, selling, or promoting tickets using the Site and Services, you agree to the terms in this document. You will be required to have an account created by an email address and password to use the Services.
- For both, our and your own protection, it is your responsibility to ensure that all your contact information, such as, your email address, mailing address, phone number, and payment method recorded in our database is accurate and up to date at all times.
- You are singly and entirely responsible for any and all activity that occurs under your account, therefore you are solely responsible for preserving the security of your email address and password. Do not disclose your password to any other individual.
- You are permitted to use this Service only for purposes that are permitted in this document and any applicable laws and regulations (foreign and domestic). You are not permitted to, nor permit anyone else to, (i) reverse engineer or attempt to discover the source code or structure, sequence and organization of all or any part of the Service (ii) create derivatives of the Service or any part of the Service nor modify this Service in any way; (iii) remove or alter any proprietary notices or labels on or in the Service; (iv) engage in any activity that interferes with or disrupts the Service; or (v) distribute, resell, lease, rent, or use the Service for time-sharing, service bureau, or commercial purposes (except for Event Coordinators which are given permission to use the service for the limited commercial purpose of selling event tickets). CHARGED.fm may change, suspend or discontinue the Service, including any feature of the Service or any Content (as defined below) made available in connection with the Service.
2.3 User Responsibilities
2.4 Limitations of Use
3. Buyer and Seller Duties & Obligations
- All orders are final and, once placed, cannot be cancelled or withdrawn, therefore there should be available funds in the Buyer’s Payment Method at the time the order is placed. Buyers are legally agreeing to the purchase upon clicking “Buy”, completing the sale and putting CHARGED.fm’s GoSafeTM Guarantee into effect. For all tickets, once an order is placed, both the Buyer and the Seller will receive an email confirmation with the specifics of the purchase. There will not be any additional email correspondence sent from CHARGED.fm regarding that transaction.
- Sellers will be issued their payments generally within 4 business days following the end of the event. Once orders are placed, Buyers are charged for the “total sale price”, Service Fees, shipping, delivery or fulfillment fees, and any taxes when identified. The amount charged will remain in the Buyer’s Payment Method until the sale is completed or the order is cancelled. Invariably, CHARGED.fm is not responsible for any bank fees or other penalties resulting from charges to the Buyer’s credit card or debit card (such as the ones put forth by the Buyer’s financial institution's policies) when the Buyer places orders. At no time do we provide the Buyer’s payment information to the Seller. The total is paid to CHARGED.fm, and the “total sale price” is payed out to the Seller according to our payment policy.
- As a seller, you agree to provide true and accurate content about the tickets you list on the Site, including an accurate representation of when the tickets you are registering will be in your physical ownership. Once you confirm a ticket purchase order, you are responsible for sustaining and carrying out the order with the precise tickets listed. You may be subject to a replacement fee or other charges if you are unable to bring forth the precise tickets you listed. Fees and penalties for such actions are explained in more detail in Section 6 (retributions).
- As a seller, if you cannot instantly dispatch the tickets upon confirming an order, you must provide the date you expect to have the tickets in your possession when listing your tickets. You must also be able to dispatch the tickets to the Buyer on the specified in hand date. If the anticipated dispatching date is altered, it is your responsibility to contact CHARGED.fm in advance of the original dispatching date and supply a new expected in hand date. Invariably, if you do not dispatch the tickets on the anticipated in hand date or earlier and you did not provide us with a new in hand date in advance, CHARGED.fm reserves the right to cancel the order at any time without further notice to you and charge you a late shipment fee, plus any costs CHARGED.fm incurs to accomplish the Buyer's order under the terms of CHARGED.fm's GoSafeTM Guarantee. Fees and penalties for such circumstances are explained in more detail in Section 6 (retributions).
- As a Seller, you allow CHARGED.fm to charge your Payment Method if you, at any moment fail to deliver the tickets you've listed or you deliver illegitimate, fraudulent, counterfeit, or misrepresented tickets. Fees and penalties for such circumstances are explained in more detail in Section 6 (retributions).
- Once the Buyer receives the purchased tickets, the tickets are their full responsibility. If damaged, lost, or stolen, tickets will not be replaced. Please note that exposure to direct sunlight and heat can cause damage to the bar code on some tickets.
- As a seller, if an event is postponed and the primary ticket issuer is providing refunds for returned tickets (whether or not that policy is disclosed), CHARGED.fm has the right to provide a refund to the Buyer if requested by deducting the funds from your account with us. Instead, if the primary ticket issuer has declared that the tickets will be valid for a future presentation and the Buyer chooses to hold on to the ticket for use at the future presentation, you agree not to seek a refund from the primary ticket issuer, nor in any way annul or change that ticket. If you do in any way take such actions, you agree that CHARGED.fm may charge your Payment Method for any costs incurred. Such fees are explained in more detail in Section 6 (retributions). Otherwise, if an event is cancelled, you must inform us and we will ask the Buyer to return any hard tickets in their physical ownership. Then we will refund the Buyer the exact amount you received from the original sale with funds deducted from your account with us.
- If, as a Seller, you upload electronic tickets for sale and then afterwards remove that listing, we are not responsible if you are for any reason unable to use your tickets due to technical reasons. Please take this into account before uploading electronic tickets.
3.1 Transaction Procedures
3.2 Payment Procedures
3.3 Ticket Information
3.4 Possession and Dispatch Period
3.6 Damaged, Lost or Stolen
3.7 Event Postponement and Annulment
3.8 Electronic Tickets
4. Our Connection with You
- No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or made by this contract. You agree that by using our Site and Services you are doing business in New York under the laws of the State of New York.
- CHARGED.fm behaves as a marketplace that brings Buyers, Promoters, and Sellers together to list, sell, and purchase tickets for and from one another. The Seller specifies ticket prices and those prices may be higher or lower than the face value of the ticket. Invariably, selling tickets as well as placing or promoting, and confirmation and delivery of orders are transactions between Buyers , Promoters, and Sellers. The realization of confirmed orders, including delivery of tickets, is the responsibility of the Seller. If you have a conflict or disagreement with one or more registered users, as a Buyer, Promoter, or Seller, you free CHARGED.fm and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages of every quality and sort, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a resident of any other state or foreign country, you agree to waive in advance any similar laws of such other jurisdiction.
- You grant CHARGED.fm an eternal, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to CHARGED.fm in connection with your use of the Site and its Services.
4.3 Privacy and Fraud Protection
4.4 Grant of License
5. Prohibited Behavior
- If you engage in any actions proposed in this Section 5, you may be subject to any and all of the retributions proposed in Section 6, in CHARGED.fm’s sole judgement.
- You agree that you will not collect information about Site members or visitors without their consent and that you will not engage in spamming. You agree not to behave in a manner that may interfere with, prevent, restrain, or restrict any other consumer from utilizing or enjoying this website.
- To list a ticket for sale on the Site, you must first create an account with the Site. Once a ticket is listed, we strongly discourage posting that ticket for sale somewhere else. If you do list your ticket for sale somewhere else and the ticket sells somewhere else or leaves your control after you list it, you must then remove your ticket listing from CHARGED.fm. If you choose to sell your ticket on CHARGED.fm, you agree to list your ticket for sale solely on the Site.
- You must answer all questions asked during the listing for sale process accurately (including the date your tickets will be in your physical ownership) and not hold back any relevant or significant information, whether or not it was asked for. You must submit and exhibit only accurate presentation of ticket possession status, seat locations, quantity, quality, or other information.
- The sale of stolen property on CHARGED.fm is strictly prohibited and goes against state, federal and international law. CHARGED.fm strongly backs up law enforcement attempts to regain stolen property that is listed on the Site, and advocates the prosecution of those responsible for knowingly trying to sell such items on CHARGED.fm. Stolen property includes items taken from private individuals, as well as property taken without permission from companies or governments.
- Buyers' names and addresses are provided to Sellers for the lone purpose of dispatching the specific purchased ticket(s) and may not be utilised by the Seller for any other purpose. If you are a Seller, you agree not to include in your shipment to the Buyer any promotional or other commercial material that is not supplied or approved by CHARGED.fm. This includes, but is not restricted to, material that announces a website or invites the Buyer to visit a website other than CHARGED.fm, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to independently contact the Buyer at any time for any reason or represent to any Buyer that you are associated with or are a representative of CHARGED.fm.
- You agree not to use the CHARGED.fm Site or Services to contact other CHARGED.fm users, to seek interaction with other CHARGED.fm users, to request sales outside of CHARGED.fm, or to initiate or engage in transactions outside of CHARGED.fm. CHARGED.fm is not responsible for any impairments or lost profits that result from CHARGED.fm users directly contacting other CHARGED.fm users or for any damages or lost profits resulting from transactions conducted outside of CHARGED.fm, including transactions that originate at CHARGED.fm and are taken offline, or transactions alleviated through the use of any CHARGED.fm social media outlet or other offline communication or relation.
- You agree not to use hateful or foul language or act in a lewd manner to any CHARGED.fm employee or user. You also agree to conduct yourself appropriately and in conformity with venue standards of conduct at events for which you have purchased tickets through our Site.
- You agree not to use this Site or Services for illegal purposes or in an unlawful manner. You agree to abide by all applicable local, state, federal, and international laws, statutes and regulations regarding the use of the Site and Services and the listing, selling, buying, promoting, and use of tickets. You agree to pay any and all local, state, federal, or international taxes that may be due. You agree not to use or allow anyone to use information provided through the Site or our Services for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized Payment Method. You agree not to copy or replicate, alter, or distribute any content from the Site, including CHARGED.fm's copyrights and trademarks.
5.3 Ticket Listing
5.4 Misleading Information
5.5 Stolen Property
5.6 Promotional Substances
5.7 Offline Communication
5.8 Unsuitable Conduct
5.9 Unlawful Activity
- We may investigate protests, accusations, and violations of our policies or the policies of venues, artists, or teams. You agree to cooperate fully with such investigations by, including and not restricted to, providing us specific information concerning your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price you paid for a ticket.
- We may take any action that we consider suitable in our lone judgement, including but not restricted to, issuing a warning, suspending or terminating you from using the Site or Services, denying access, removing a listing or recommending you edit a listing. These actions may take effect if you violate this contract or any document it integrates by reference, are unwilling to cooperate with our investigation of a protest, accusation, or reported violation, we are unable to verify or authenticate any information you provide, or if we believe your behavior may cause legal liability for you, for other users, or for CHARGED.fm. You agree that payments due to you for sales made through this Site may be suspended or delayed pending our investigation. CHARGED.fm is not obliged to pay you for any sales if we have an honest ground to believe such sales were unlawful, with bad intent, or violate the terms of this contract.
- You authorize CHARGED.fm to withhold payment or charge your payment method any amount you owe us if (1) a sale is cancelled for any reason; (2) your violation of section 5.8 of this contract causes the cancellation of a Seller's tickets to a future event, in which case you will be liable for all damages to us or third parties thereby incurred; (3) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (4) you are not able to produce the exact seats that you listed on the Site; (5) you deliver incorrect or misrepresented tickets for any order or portion of an order; (6) you fail to dispatch tickets by the expected dispatch date you provided without notifying CHARGED.fm in advance; or (7) you otherwise owe CHARGED.fm or a Corporate Affiliate a specific amount. If any of these circumstances take place, we may charge you for all rationale costs CHARGED.fm incurs due to your conduct, including but not restricted to a late shipment fee, reprinting fee, FedEx re-routing charges, the cost of replacement tickets, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not change your total liability to us, and we may combine amounts due to us from multiple accounts.
- You agree that CHARGED.fm may report any behavior that it suspects violates any law or regulation to proper law enforcement officials, regulators, or other relevant third parties. CHARGED.fm will cooperate to ensure that violators are prosecuted to the fullest extent of the law and will also answer and react to all inquiries initiated by governmental agencies or as otherwise legally enforced.
6.2 Infractions, Suspension, and Termination
6.4 Information Exposure
7. Your Promise to us
- You state and guarantee that any information you provide to us, other users, or visitors (1) is not indecent, false, inaccurate, deceitful, defamatory, or fraudulent; (2) does not involve the sale of counterfeit or stolen items; (3) does not cause any conflict to any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (4) does not break any law, statute, ordinance or regulation, including but not restricted to those governing consumer protection, unfair competition, anti-discrimination or false advertising; (5) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (6) is not intended to deceive or violate the letter, and intent of this contract and the lawful functioning of CHARGED.fm's ticket marketplace.
- You warrant that you will abide by all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and Services including but not restricted to laws pertaining to the setting of the price of your tickets. You admit and recognize that CHARGED.fm does not supervise or acquire the face value or total amount paid by the Seller of tickets listed on the Site.
- You guarantee to insure and hold CHARGED.fm and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities or, costs and expenses incurred by any claim asserted by a third party that involves, relates to or concerns any of your actions or faults on this Site or pertaining to the Services, including but not restricted to your breach of this contract or your violation of any law or the rights of a third party.
7.2 Additional Details
7.3 Laws and Regulations
8. Liability Restrictions and Warranty Disclaimers
- Apart from the specified warranties stated in this contract, CHARGED.fm provides the Site and Services on an "as is" basis and "as available" basis without any warranties of any kind. CHARGED.fm makes no warranty with respect to its software, any tickets, any event, the Services CHARGED.fm provides, or that Sellers or Buyers will perform as promised. CHARGED.fm expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third-party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
- CHARGED.fm reserves the right to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice at any time it sees fit without any liability to you or any third party.We do not guarantee constant, prolonged, uninterrupted or secure access to our Site or Services, which may be intervened by numerous factors outside of our control. CHARGED.fm is never, for any reason, responsible for tickets listed on the site that do not sell, even if those tickets remain unsold during a full or partial site outage.
- When a Seller lists tickets on CHARGED.fm, the listing is generally instantly available for purchase, but sometimes due, to though not limited to, such things as website maintenance or high web activity, it may take about 15 minutes for the listing to appear on the Site after posting. CHARGED.fm is not responsible for unsold tickets resulting from listing delays. Though CHARGED.fm performs regularly-scheduled daily maintenance from 11 p.m. 3 a.m. Eastern Time, emergency maintenance can occur at any time, but when possible, is limited to after 11 p.m. Even though the site may be temporarily unavailable during maintenance periods, CHARGED.fm is not responsible for unsold tickets resulting from site upkeep.
- You will not hold CHARGED.fm responsible for other users' content, actions, or idleness, including but not restricted to the listing and/or selling of tickets in violation of local, state, national or international laws. Our Site is a marketplace for fans to buy and sell tickets. While we may assist in easing the settlement of conflicts or disagreements through our GoSafeTM Guarantee, we have no control over and do not guarantee the accuracy, quality, safety, or legality of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction. Except as stated in our GoSafeTM Guarantee, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our Site and Services. Some disclaimers and exclusions may not apply to you due to some jurisdictions that do not allow the disclaimer of warranties or exclusion of damages. Despite previous content, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total Service Fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
- You agree that CHARGED.fm is not responsible for the availability and functioning of any links to other Internet websites or resources provided by the Site or third parties. The Site has no control over such links and resources, therefore it does not endorse and it is not liable for any features such as, services, content, promotions, products, or other substances on them. CHARGED.fm is also not responsible or liable for any damage or loss caused by or in relation with any use of or reliance on any such features.
- You acknowledge that CHARGED.fm is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You will insure and hold CHARGED.fm and any subsidiaries, parents, agents, employees, and affiliates safe against all costs, expenses, liabilities, and interest obtained by CHARGED.fm that develop out of any third party or governmental claim that involves, relates to or concerns any federal, state, county, city, or other tax obligation. This also refers to amounts due or owing under any tax regulation, law, order or decree. CHARGED.fm will require your Social Security Number or tax ID if necessary for this information to be provided to the Internal Revenue Service related to payments you receive from us. You also authorize CHARGED.fm to release that information to the IRS or any other qualified governmental body.
8.2 Site Alteration, Modification, and Suspension
8.3 Site Maintenance
8.4 Liability Restriction
8.6 Tax Insurance
9. Intellectual Property Rights
9.1 Intellectual Property Possession
- You recognize and agree that (1) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain our lone property, and (2) nothing in this contract bestows in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future question or oppose the validity of CHARGED.fm's Intellectual Property.
- The software and the Site, including but not restricted to all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of CHARGED.fm or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The organization, collection, fabrication, and compilation of all content on the Site is the exclusive property of CHARGED.fm and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is forbidden.
10. Other Terms that Impact our contract
- This contract will be regulated in all respects by the laws of the State of New York because they apply to contracts entered into and to be performed entirely within New York between New York residents, without regard to disagreement of law provisions.
- Unless stated otherwise, legal notices shall be administered to either CHARGED.fm's national registered agent or to the email address you provide to CHARGED.fm during the registration process, depending on the case. Notice will be deemed given twenty-four (24) hours after the email is sent. Otherwise, Notice will be deemed given three (3) days after the date of mailing if we give you legal notice by mail to the address provided during the registration process. This is whether or not any such notice is returned to us therefore it is your duty and obligation to maintain your contact information up to date.
- If a disagreement arises between you and CHARGED.fm, our goal is to provide you with an impartial and cost effective means of resolving the conflict swiftly. Correspondingly, you and CHARGED.fm agree that we will solve and dissolve any claim or argument at law or fairness and equity that arises out of this Agreement or our services "Claim" in accordance with one of the sections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing our customer service.
- Law and Forum for Disputes - You agree that any Claim or dispute either party may have against the other must be resolved exclusively by a state or federal court located in New York, New York, except as otherwise agreed by the parties in writing or as described in the Arbitration alternative below. Both parties agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such Claims, arguments, or disagreements.
- Arbitration - Except for injunction or other equitable relief claims, for all claims for which the total award amount pursued is less than $10,000, the party requesting relief may choose to solve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the case a party chooses arbitration, they will initiate the process through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must agree to the following rules: (1) the arbitration will be dealt with by telephone, online and/or solely based on written submissions. (2) The precise way will be chosen by the party initiating the arbitration. (3) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed or Unsuitable Claims - All claims you bring against CHARGED.fm must be solved in accordance with this Solving Conflicts Section. All claims filed or brought contrary to the Solving Conflicts Section shall be considered improperly filed. Should you file a claim contrary to the Solving Conflicts Section, CHARGED.fm may recover attorneys' fees and costs up to $1000, provided that CHARGED.fm has notified you in writing of the improperly filed claim, and you have neglected to immediately draw back the claim.
- This contract (and all documents incorporated by reference) comprises the entire agreement between the parties relating to the subject matter hereof and replaces all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No addition, modification or postscript of any provision of this contract will be valid or effective unless made in accordance with the express terms of this contract. If any provision of this contract is held to be invalid, illegitimate, or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this contract shall not be affected. CHARGED.fm may delegate, designate, or transfer this contract at any time. You may not delegate, designate, or transfer this contract, or any of its rights or obligations, without the prior written consent of CHARGED.fm, which we can refuse in our lone judgement. Nothing in this contract is intended to grant benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted delegates. The subject heading at the beginning of each paragraph of this contract is for reference purposes only and in no way interprets, defines, limits, or describes the scope, range, or extent of such paragraph.